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Personal Injury Law

Premises Liability & Other Injury Claims

Articles on injury claims outside the motor vehicle: falls and unsafe property, dog bites, construction sites, malpractice, defective products and wrongful death.

34 articles from 2019–2026 · 31 current · 0 reviewed case notes · by Jason Tenenbaum

Current articles

Articles the firm treats as current: published since 2024, or older and re-checked against today's law. Most recently published or reviewed first.

How the firm handles these matters

Older archive

Case notes as they were written at the time. They have not been re-checked against later decisions, so treat them as history and confirm the current rule before relying on one.

2023 (2)
2019 (1)

Frequently asked questions

What must I prove in a premises liability case in New York?

You must prove that a dangerous condition existed, that the owner created it or had actual or constructive notice of it, that the owner failed to remedy it in a reasonable time, and that the condition caused your injury. The Court of Appeals defined constructive notice in Gordon v American Museum of Natural History, 67 NY2d 836 (1986): the defect must be visible and apparent, and it must exist for a sufficient length of time before the accident to permit the defendant's employees to discover and remedy it. Under CPLR 3043(a)(4) and (5), the bill of particulars must state whether actual or constructive notice is claimed.

What is the "open and obvious" doctrine in New York premises liability?

In New York, an open and obvious hazard does not by itself end the landowner's liability. In Cupo v Karfunkel, 1 AD3d 48 (2003), the Appellate Division, Second Department held that the open and obvious nature of an allegedly dangerous condition is relevant to the plaintiff's comparative fault and does not preclude a finding of liability against the landowner, while noting that summary judgment remains available where the condition was open and obvious and, as a matter of law, not inherently dangerous. Under CPLR 1411(a), the plaintiff's own culpable conduct reduces damages in proportion rather than barring recovery. Visibility goes to percentage of fault, not to a complete defense.

What is the deadline to sue for a slip and fall in New York?

A slip and fall action must be commenced within three years under CPLR 214(5), computed from the date of injury under CPLR 203(a). If the property belongs to a city, county, town, village, fire district or school district, a notice of claim must be served within 90 days after the claim arises under General Municipal Law § 50-e(1)(a), and the action must be commenced within one year and 90 days under General Municipal Law § 50-i(1)(c). A court may extend the notice of claim period under § 50-e(5), but not beyond the time to sue. Photograph the condition and get witness names at once, because the condition will be repaired.

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